Common Area

[nearlythere]

Would the panel consider the structural vertical and horizontal seperation between two occupiers as common areas?

[Midland Retty]

Depends in what sense NT

Take a sheltered housing scheme. You have the scheme owner (the freeholder) responsible for the communal areas, and the resident (leasholder) who owns their own flat. So who is responsible for the maintenance and repair of the fire seperation between floors above the leaseholders flat ? (i.e; that big whacking great concrete slab).

I would suggest it is the freeholder, as it is a common area which serves more than just one leaseholder and is beyond the control of a leaseholder.

If youre talking totally seperate occupiers with a party wall between them, then clearly that wall is effectively the mercy of each occupiers, both could knock whacking great holes in it. But I cant see that as a common area, yes its common to both occupiers, but to me a common area exists in leaseholder / freeholder scenarios.

Not sure that really answers your question NT.

[nearlythere]

Depends in what sense NT

Take a sheltered housing scheme. You have the scheme owner (the freeholder) responsible for the communal areas, and the resident (leasholder) who owns their own flat. So who is responsible for the maintenance and repair of the fire seperation between floors above the leaseholders flat ? (i.e; that big whacking great concrete slab).

I would suggest it is the freeholder, as it is a common area which serves more than just one leaseholder and is beyond the control of a leaseholder.

If youre talking totally seperate occupiers with a party wall between them, then clearly that wall is effectively the mercy of each occupiers, both could knock whacking great holes in it. But I cant see that as a common area, yes its common to both occupiers, but to me a common area exists in leaseholder / freeholder scenarios.

Not sure that really answers your question NT.

Thanks MR. Maybe I'm thinking too much.
I am doing a job at present and although it doesn't matter too much as each occupier  is at risk from each other and both are willing to cooperate and coordinate, it got me thinking.
Building single owner with two self contained occupiers one on each floor level. No internal communication. Who would be "responsible" for ensuring or maintaining horizontal seperation?
I'm thinking structure belongs to owner and horizontal seperation could be common area and as such would be responsibility of owner?
Am I thinking too much?

[Midland Retty]

No, I think youre right Nearlythere. As you say you have a freeholder and two leaseholders, person in control I feel would be the freeholder, bit like the sheltered scheme scenario i mentioned above.